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WRIGHT, FINLAY & ZAK, LLP

T. Robert Finlay, Esq., SBN 167280
Rooald M. Arias, Esq., SBN 59091
4665 MacArtbur Court, Suite 280
Newport Beach, CA 92660
Tel; (949) 477-5050; Fax: (949) 477-9200
WRIGHT, FINLAY & ZAK, LLP
Ronald M. Arias, Esq. SBN 59091
907 Sir Francis Drake Blvd.
Kentfield, Ca. 94904
Tel: 415/230-4350; Fax: 415/455-0370
rarlas@wrightlegaljiet
Attorneys for Defendant DEUTSCHE BANK NA^HONAL TRUST COMPANY, AS TRUSTEE
FOR MORGAN STANLEY ABS CAPITAL I INC.

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SACRAMENTO

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PENNY PARKER,
Plaintiff
vs.
DEUTSCHE BANK NA^nONAL TRUST
COMPANY, AS TRUSTEE FOR THE
MORGAN STANLEY ABS CAPITAL I
INC., etal.
Defendants

Case No. 34-2016-00188621

STIPULA-nON RE: DISCOVERY
RESPONSES
FROM PLAINITFF
PENNY PARKER; ORDER THEREON

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Plaintifif PENNY PARKER ("plaintiff*), by and tbrough her attomey, John S. Sargetis, Esq.,
and defendant DEUTSCHE BANK NA^nONAL TRUST COMPANY, AS TRUSTEE FOR

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MORGAN STANLEY ABS CAPITAL I INC. CT)eutsche"), by and through its attomey, Ronald M.

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Arias, Esq., hereby stipulate as follows:

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I.

On 4/1^016, Deutsche sent plaintifif a set of discovery requests. The set was made up

of a Request for Documents, Request for Admissions, Special Intorogatories and Form

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Interrogatories ("Discovety Requests").

STIPITLATION RE: DISCOVERY RESPONSES FROM PLAI^r^FF PENNY PARKER;
ORDER THEREON

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Responses to defendant's Discoveiy Requests by plaintifif were originally due on

5/2/2016. However, counsel for plaintifif asked for a two week extension to respond. Said request

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was agreed to by counsel for Deutsche.
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Thereafter, counsel for plaintiff asked for another extension to 6/72016 in order to

respond. Again, counsel for Deutsche agreed but statedtiiatthis would be the last extension granted,
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Plaintiff did not provide her responses by 6/72016 and counsel for plaintiff did not

ask for another extension.

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Counsel for Deutsche sent a series of emails demanding tbe responses as well as a

letter, dated 6/15/2016 ('Tinal Demand LeWesi"). In &e Final Demand Letter, counsel for Deutsche
declared all of plaintiffs discovery responses "late" and iurtber declared that plaintiff waived her

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right to object to any of tbe questions in defendant's Discovery Requests. The Final Demand Letter
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also indicated that Deutsdie would befilinga Motion to Compel and request not only an order

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compelling the responses but also monetary sanctions against plaintifif.

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Subsequently, counsel for plaintifif agreed to stipulate that plaintifTs responses to all

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ofthe Discov^ Requests were late,fiiat&erightto object to any requests was waived and that he
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would execute this Stipulation and agree that ibis Court can execute the Order submitted
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concurrently hereto.
Based on the above stipulation, plaintifif and Deutsche,tiux)ughtheir respective counsel
hereby agree as follows:

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A.

Plaintifif agrees that she will now submit all of her responses to Deutsche, without any

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objections, to Deutsche's counsel such that he receives them no later Aan 5:00 p.m., fhe close of
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business, on Tuesday, July 5, 2016. If plaintiff fails to produce all of her responses without
objections by this date and time, plaintifif agrees that Deutsche shall then be entitled to submit, a
-2STIPULATION RE: DISCOVERY RESPONSES FROM PLAINTIFF PENNY PARKER;
ORDER THEREON

Motion to Compel to this Court forthwith. By failing to timely provide lier responses, plaintiff

stipulates in advance tliat this Court shall issue an order ordering her to produce her discovery

responses without objections and, in addition, at a minimum, award attomey's fees and costs to

Deutsche for her delinquency and failure to comply with this Stipulation. Deutsche shall also be

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entitled to request other sanctions in its Motion, including issue sanctionSi which the Court may

award as it sees fit.

Dated:

Mil

JoIm S. Sargetis, Esq.

Attomey for Plaintiff Penny Parker

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Dated:
Ronald M. Arias, Esq.
Attomey for Def. Deutsche, As Trustee

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ORDER REQUIRING PLAINTIFF TO ABIDE BY THE TERMS OF THIS STIPULATION

Upon review of the terms of this Stipulation, this Court finds that they are fair and just.

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Wherefore, plaintifif Penny Parker is hereby ordered to obey all of the terms of the above Stipulation.

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Failure to do so will lead to defendant Deutsche filing a Motion to Compel plaintiffs discovery

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responses. Should Deutsche be forced to file such a Motion, this Court will :issue ah order ordering

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her to produce her discovery responses ^yithout objections and also order monetary sanctions of

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attomey's fees and costs against plaintifi'Parker. It may also consider other sanctions if requested by

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Deutsche in said Motion.
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>GE OF THE SUPERIOR COURT

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DAVID I. BROWN

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STIPULATION RE: DISCOVERY REiSPONSES FROM PLAINTIFF PENNY PARKER;
ORDER THEREON

PROOF OF SERVICE

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I, Catherine Lawler, declare as follows:

I am employed in the County of Marin, State of Califomia where the mailing occurred. I
am over the age of eighteen (18) and not a party to the within action. My business address is 907
Sir Francis Drake Blvd., Kentfield, CA 94904. I am readily familiar with the practices of
Wright, Finlay & Ijsk, LLP, for collection and processing of correspondence for mailing with the
United States Postal Service. Such correspondence is deposited with the United States Postal
Service the same day in the ordinary course of business. I am aware that on motion of party
served, service is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in affidavit.

On June 28,2016,1 served the foregoing documents described as STIPULATION AND

ORDER RE: DISCOVERY RESPONSES FROM PLAINTIFF PENNY PARKER on all
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interested parties in this action by placing [ ] the original pC] a true copy thereof enclosed in
10 sealed envelope(s) addressed as follows:

11 John S. Sargetis, Esq.

UNITED LAW CENTER

12 3013 Douglas Boulevard, Suite 200

13 Roseville, CA 95661
Telephone:

(916)367-0673
(916)265-9000
Attorneys for Plaintiff PENNY PARKER

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[X]

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(BY UNITED STATES MAIL) I placed such envelope(s) for collection and mailing,
following our ordinary business practices.
(BY UNITED STATES CERTIFIED MAIL) I placed such enveIope(s) for collection
to be mailed on this date following ordinary business practices, via Certified Mail, Retum
Receipt Requested.

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(BY OVERNIGHT DELIVERY) I enclosed the document(s) in an envelope or package

provided by an ovemight delivery carrier and addressed to the person(s) at the
address(es) listed herein. I caused to be placed the envelope or package for collection
and ovemight delivery at an office or a regularly utilized drop box of the ovemight
carrier.

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(BY ELECTRONIC SERVICER Based on an agreement ofthe parties to accept service

electronically, at the time of
I caused the document(s) to be tiansmitted
electronically from
(glAmdlti^igifd
to the e-mail address(es) indicated
herein. To the best my knowledge, the transmission was reported as complete, and no
error was reported that the electronic transmission was not completed.

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(BY FAX TRANSMISSION) Based on an agreement of the parties to accept service by

fax transmission, at the time of ^
I faxed the dbciunent(s) to the person(s) at the
fax number(s) listed herein from the facsimile machine with telephone no. (949) 477-

-1PROOF OF SERVICE

9200. No error was reported by the fax machine that I used. A copy of the record ofthe
fax transmission, which I printed out, is attached to the original Proof of Service.

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(BY MESSENGER SERVICE) I served the document(s) by placing them in an

envelope or package addressed to the person(s) at the address(es) listed herein and
providing them to a professional messenger service for service. A Declaration of
Messenger is attached to the original Proof of Service.
(BY PERSONAL SERVICE) I personally delivered the document(s) to the person(s) at
the address(es) as set forth on the attached service list. (1) For a party represented by an
attomey, delivery was made (a) to the attomey personally; or (b) by leaving the
document(s) at the attomey's office, in an envelope or package clearly labeled to identify
the attorney being served, with a receptionist or an individual in charge of the office; or
(c) if there was no person in the office with whom the notice of papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine in the
moming and five in the evening. (2) For a party, delivery was made to the party or by
leaving the document(s) at the party's residence wilh some person not younger than 18
years of age between the hours of eight in the moming and.six in the evening.
I declare Under penalty of perjury under the laws of the State of Califomia that the

12 foregoing is true and correct. Executed on June 28,2016, at Kentfield, California,

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Catherine Lawler

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PROOF OF SER^^ICE